Chris “Law Dork” Geidner Profile picture
Jul 1, 2021 26 tweets 11 min read Read on X
In 10 minutes, we’ll be getting the final #SCOTUS decisions for the term. Two sets of cases remain outstanding: one set is the Voting Rights Act cases out of Arizona and the other addresses donor disclosure requirements in California.
BREAKING: Brnovich is first. Alito, for a 6-3 court, upholds both Arizona voting restrictions. More to come. supremecourt.gov/opinions/20pdf…
Important from the majority: The Supreme Court "decline[s] in these cases to announce a test to govern all VRA §2 claims involving rules, like those at issue here, that specify the time, place, or manner for casting ballots."
Here are the factors the majority lays out:
More to come later.
Breaking: In a second 6-3 decision on Thursday, the Supreme Court's conservative majority strikes down California's donor disclosure requirement for charitable organizations as a First Amendment violation. Roberts has the opinion for the court: supremecourt.gov/opinions/20pdf…
The ins and outs of the decision in Americans for Prosperity v. Bonta are a bit more complicated, as the lineup suggests, but the bottom line is 6-3 with the liberals in dissent.
Back to the voting rights case for now.
The Supreme Court majority explicitly rejects disparate impact claims — often used in employment and housing discrimination cases — in Section 2 VRA cases.
Alito, characteristically, is mad. Even in writing the majority opinion for the Court.
Just an incredible paragraph, in which Alito — writing for the Supreme Court's conservative majority — acknowledges that Arizona "leads other States" in rejecting out-of-precinct ballots because they keep changing things on voters, and then is like, "So?"
Here's the court's conclusion about the out-of-precinct provision.
Amazing long game from the Republicans here. Commit election fraud in order to give Sam Alito an election fraud case that he can use to justify "election fraud" as a rationale for passing a law somewhere else where there is no evidence of election fraud.
After upholding both provisions on Section 2 "effects" challenges — and making such challenges more difficult going forward — the Court also upholds the "ballot harvesting" ban from a discriminatory "purpose" challenge.
My god. Gorsuch, joined by Thomas, suggests that VOTERS might not be allowed to bring lawsuits to enforce their rights under Section 2 of the Voting Rights Act.
TOTALLY NORMAL DEMOCRACY, FOLKS!
Alito, for the 6-justice conservative majority (left), is real mad that Kagan, for the 3 more liberal justices (right), apparently went way off track in her dissent. What did she do, you ask? Detail the history and practices that got us here. Oh.
Heh. As Kagan aptly notes.
"Yet efforts to suppress the minority vote continue. No one would know this from reading the majority opinion." It is impossible, Kagan reminds the Court—and the country—to read today's decision without an understanding of what the Roberts Court did to Section 5 in Shelby County.
And, of course, Kagan notes that it is still going.
For the dissenters, Kagan sums up the current problem and what the Supreme Court does today in two brief paragraphs in the middle of her dissent.
JUST IN: Biden statement on today's Voting Rights Act #SCOTUS decision: "Democracy is on the line."
NEW: In light of today's ruling, House Judiciary leaders Nadler and Cohen say they are working on "an updated John R. Lewis Voting Rights Advancement Act."
Back to Kagan. Responding to Alito: "Nothing—literally nothing—suggests that the Senate wanted to water down the equal-access right that everyone agreed the House’s language covered. So the majority is dead wrong to say that I want to 'undo' the House-Senate compromise."
Here's Kagan on the majority's ruling itself.
Here's her conclusion.

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More from @chrisgeidner

Sep 6
NEW: Alito continued, as of the end of 2023, to own shares of more than 25 companies' stocks.

Under our "financial disclosure" system, we learned of Alito's 12/31/23 stock holdings in a delayed report not filed until 8/13/24 and not posted until today.
documentcloud.org/documents/2510…
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As you might recall, Law Dork reported on two of Alito's stock trades earlier this year, when a "Periodic Transaction Report" revealed that he sold at least some of his stock in Anheuser-Busch and bought stock in Molson Coors on 8/14/23. lawdork.com/p/alito-bud-li…
In today's posted annual disclosure, we confirm that Alito sold *all* of his Anheuser-Busch stock that day when he replaced it with Molson Coors stock.
Read 4 tweets
Aug 27
BREAKING: A superseding, post-immunity ruling indictment against Donald Trump has been issued in federal court in DC. storage.courtlistener.com/recap/gov.usco…
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Background: Here's my Law Dork report on the July Supreme Court immunity ruling. lawdork.com/p/robertss-maj…
Jack Smith added "private" to all of the co-conspirators, to highlight their clearly non-official roles — and got rid of Jeffrey Clark, the DOJ guy who was willing to be acting AG and pursue Trump's fake election fraud claims if Trump let him. a. Co-Conspirator 1, a private attorney whom the Defendant put in charge of his campaign's litigation efforts and who was willing to spread knowingly false claims and pursue strategies that the Defendant's 2020 re-election campaign ("Campaign") attorneys would not. b. Co-Conspirator 2, a private attorney who devised and attempted to implement a strategy to leverage the Vice President's ceremonial role overseeing the certification proceeding to obstruct the certitication of the presidential election. c. Co-Conspirator 3, a private attorney who made unfounded claims of election frau...
Read 14 tweets
Aug 27
NEWS: The ACLU has filed their brief at the Supreme Court on behalf of the plaintiffs challenging Tennessee's ban on gender-affirming medical care for minors.

Background at Law Dork: lawdork.com/p/scotus-takes…
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Here's the ACLU brief, calling on the Supreme Court to vacate the Sixth Circuit's ruling from last year holding that the Tennessee ban is likely constitutional: supremecourt.gov/DocketPDF/23/2…
If left uncorrected, the Sixth Circuit’s reasoning will have far-reaching consequences. It will effectively immunize all forms of government discrimination against transgender people from meaningful constitutional scrutiny. And it will force the families at the center of this case (and countless others like them) to lose the very medical care that has allowed their children to grow and thrive. This Court should vacate the Sixth Circuit’s misguided decision, reaffirm that all sex classifications receive heightened scrutiny, and remand for further proceedings or reverse the judgment.
DOJ's brief is also due today. I'll have more at Law Dork after it is in.

Subscribe now to get my report when it's live. There are free and paid options: lawdork.com/subscribe
Read 4 tweets
Aug 23
lmaoooooo these quotes from ag garland's announcement of the realpage antitrust lawsuit
So today, after a nearly-two-year investigation, the Justice Department, joined by eight states, has sued RealPage, a commercial real estate software company, for violating the Sherman Antitrust Act.RealPage sells landlords what it calls “revenue management” software. We allege that this software is developed, marketed, and sold to enable landlords to sidestep vigorous competition in the rental market. Competing landlords agree to submit to RealPage, on a daily basis, their most sensitive, non-public information, including rental rates, lease terms, and projected vacancies.  RealPage then c...
A large number of landlords effectively agree to outsource their pricing decisions to RealPage by using an “auto accept” setting, which effectively permits RealPage to determine the price a renter will pay.  Landlords understand what their arrangement with RealPage gets them. As one said, “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and terms. That’s classic price fixing.”  And RealPage understands what it’s doing, too. In advertising its service to landlords, RealPage frequently says that a “rising tide raises all ships.”...
*serious voice*

Here's the complaint: storage.courtlistener.com/recap/gov.usco…
This is such a rage-inducing complaint!
10. RealPage allows landlords to manipulate, distort, and subvert market forces. One landlord observed that RealPage’s software “can eliminate the guessing game” for landlords’ pricing decisions. Discussing a different RealPage product, another landlord said: “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and term. That’s classic price fixing . . . .” A third landlord explained, “Our very first goal we came out with immediately out of the gate is 4 Case 1:24-cv-00710 Document 1 Filed 08/23/24 Page 9 of 115 that we will not b...
12. At bottom, RealPage is an algorithmic intermediary that collects, combines, and exploits landlords’ competitively sensitive information. And in so doing, it enriches itself and compliant landlords at the expense of renters who pay inflated prices and honest businesses that would otherwise compete. 13. The United States and the States of North Carolina, California, Colorado, Connecticut, Minnesota, Oregon, Tennessee, and Washington, acting by and through their respective Attorneys General, bring this action pursuant to Sections 1 and 2 of the 5 Case 1:24-cv-00710 Document 1 Filed 08/23/2...
Read 7 tweets
Aug 22
BREAKING: SCOTUS, on a 5-4 vote, allows Arizona to enforce AZ law requiring "documentary proof of citizenship" to register to vote on state forms, but, over 3 noted dissents, keeps other parts of the law blocked applying that requirement to those registering w/ the federal form. THURSDAY, AUGUST 22, 2024  ORDER IN PENDING CASE  24A164 REPUBLICAN NAT. COMM., ET AL. V. MI FAMILIA VOTA, ET AL.  The application for stay presented to Justice Kagan and by her referred to the Court is granted in part and denied in part. The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev. Stat. Ann. § 16-121.01(C) pending disposition of the appeals in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought. ... In the event certiorari is granted...
Here's the SCOTUS docket:

Here's the Arizona law at issue: supremecourt.gov/docket/docketf…
azleg.gov/ars/16/00121-0…
Barrett joined w/ the 3 Dem appointees in voting to keep all 3 provisions of the law at issue blocked.

Thomas, Alito, & Gorsush would have allowed all 3 to go into effect.

B/c of that, we know Roberts & Kavanaugh joined CT/SA/NG to let the AZ form provision go into effect.
Read 7 tweets
Aug 9
BREAKING: The Eighth Circuit blocks the Biden administration from implementing the SAVE student loan forgiveness program. The court previously issued an administrative stay blocking the program. media.ca8.uscourts.gov/opndir/24/08/2…
The Government is, for any borrower whose loans are governed in whole or in part by the terms of the Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program, 88 Fed. Reg. 43820, enjoined from any further forgiveness of principal or interest, from not charging borrowers accrued interest, and from further implementing SAVE’s payment-threshold provisions. This injunction will remain in effect until further order of this court or the Supreme Court of the United States. The administrative stay is hereby superseded.
This three-judge panel was all Republican appointees (but that's not really a surprise, given the fact that there's only one Democrat on the Eighth Circuit).
I will have more on this, a complicated set of cases in which one is already pending on the SCOTUS shadow docket and that has very real, day-by-day effects on people while this remains in litigation.

Subscribe to Law Dork: lawdork.com
Read 4 tweets

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